KASHMIR SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) Challenge in the present revision is to the judgment of acquittal dated 17.05.2006 of Additional Sessions Judge, Ferozepur, whereby, the respondents were acquitted in cross-case of FIR No.418 dated 07.10.2000 under Sections 307, 148, 149 IPC and Sections 25 and 27 of the Arms Act, registered at Police Station Sadar Ferozepur.

(2.) The brief facts of the case are that Jasbir Singh got recorded his statement before ASI Balkar Singh to the effect that he was Sarpanch of village Nawan Purna. On the day of occurrence i.e., 07.10.2000 at 4.00 PM Jasbir Singh complainant and his younger brothers Punjab Singh and Jasbir Singh, Sukhchain Singh (since deceased) and Malak Dev were sitting in his house and were engaged in conversation. Accused Kashmir Singh armed with .315 bore rifle, Jarnail Singh Ex. Sarpanch armed with .12 bore gun, Gurpreet Singh, Angrej Singh and Gurdev Singh all armed with sotas came on the road in front of the street near the house of complainant Jasbir Singh. Angrej Singh raised a lalkara that Jasbir Singh Sarpanch should be allowed to escape and he be done to death. The complainant party then came out of the house into the street. Kashmir Singh fired a shot with his .315 bore rifle with the intention to kill Jasbir Singh which hit Sukhchain Singh in the abdomen. Jarnail Singh also fired gun shot which hit chest of Sukhchain Singh. Sukhchain Singh fell down. Kashmir Singh fired yet another shot from his weapon on the chest of Sukhchain Singh. Then Malak Dev fired a shot with his .12 bore gun in self defence to save the complainant party and Sukhchain Singh. On raising of hue and cry the accused party fled away with their respective weapons. The motive for the crime was that a resolution was passed on 05.08.2000 by the Gram Panchayat of village Nawan Purba for having access to the house of Labha Ram. This resolution was passed under his signatures being Sarpanch. Jarnail Singh etc, the accused party was against carving out of this passage to the house of Labha Ram and resisted the same by closing the passage. Sukhchain Singh was admitted in the Frances Newton Hospital, Ferozepur Cantt.. Information was given to the SHO of P.S Saddar Ferozepur. Initially case u/s 307/148/149 IPC & 25/54/59 of Arms Act was registered against the accused party. Sukhchain Singh expired at 8 pm due to fire arm injuries and vide rapat No.50 dated 08.10.2000 the offence under Section 302 IPC was incorporated.

(3.) During investigation of the aforesaid case FIR No.418 dated 07.10.2000 under Section 302 IPC ASI Balkar Singh received medico-legal report of Kashmir Singh and Gurpreet Singh from Civil Hospital, Ferozepur whereupon he went to Civil Hospital to record their statements. But they were not found there. On 09.10.2000 he received message from Dayanand Medical College & Hospital, Ludhiana regarding their admission there. On 10.10.2000 he went to DMC & Hospital, Ludhiana where he recorded the statement Ex.P5 of Kashmir Singh. In his statement Kashmir Singh stated that on 07.10.2000 at 4.30 pm he alongwith his brother- in- law and Jarnail Singh Ex.Sarpanch were going to their house. When they reached near Kothi of Amar Singh retired Superintendent o/o DIG Ferozepur they stopped near the corner of mandir. Accused Jasbir Singh Sarpanch armed with kirpan, Punjab Singh armed with takua, Jagbir Singh armed with sota, Sukhchain Singh armed with dang, Malak Dev Singh armed with .12 bore gun, Nachhatar Singh armed with kirpan and Pritam Singh armed with gandasi were present there. Jasbir Singh Sarpanch raised a lalkara that Kashmir Singh always causes hurdles in their way and should not escape. Then they started throwing bricks bats at them. The noise/altercation attracted Gurpreet Singh, his son. Jasbir Singh then asked Malak Dev Singh who was armed with gun to fire from his gun. Malak Dev fired with his gun. The bullet hit Gurpreet Singh who fell down on ground. Thereafter he (Kashmir Singh) took out his .315 rifle from his house. Jasbir Singh then snatched the .12 bore gun from Malak Dev Singh and loudly cried out that Jaila and Kashmira should not go scot free and fired from the gun at him(Kashmir Singh). The shot hit below his right eye, above the left eye, left side shoulder and left side bicep . In defence he(Kashmir Singh) fired shots which hit Sukhchain Singh. Thereafter his brother-in-law Gurcharan Singh came to the spot and took him (Kashmir Singh) and his son Gurpreet Singh to Civil Hospital Ferozepur. On 08.10.2000 at 5 am some persons belonging to the other party came to the hospital threatened them with dire consequences for having murdered one of their associates. On account of fear both of them (Kashmir Singh and Gurpreet Singh) slipped away from the hospital and got admitted in DMC & Hospital for treatment. The motive as stated by him was that there was a dispute about the office of Sarpanch between Jasbir Singh and his brother -in-law Jarnail Singh and he (Kashmir Singh) was helping Jarnail Singh. Due to this the other party had caused injuries to them.